Obiter Issue Three 2022

VICTORIA UNIVERSITY DICTUM SOCIETY

ISSUE NO.3 OCT 22

THE

OBITER DICTUM SOCIETY'S OFFICIAL MAGAZINE

DIVE INTO MARITIME LAW The ABC's of Admiralty and Maritime!

PROCRASTINATION V PRODUCTIVITY Tackling the enemy of productive work. Tips and tricks to manage distractions

LAW LIBRARY SUPPORT How to stay on top of your legal studies (Pg. 20)

DO THE CRIME, DO THE MARIITIME A simple rhyme on maritime! How a sailor pursues damages on a broken contract

RECOVERING INNOCENCE Discussing the Adnan Syed acquittal among other wrongful convictions.

When , How, and Why?

LAW BALL IS HERE! Flip to pg.14 for further details

Acknowledgement Acknowledgement of of Country Country Dictum Society would like to acknowledge the Woiworung and the Boonwurrung people of the Kulin nation, who are the Traditional owners of our University land.

We extend our acknowledgements to the traditional custodians of Australian land and pay our respects to their culture, and their Elders past, present and emerging.

We recognise that sovereignty has never been ceded, and pay our respects to the diversity of indigenous peoples , their communities and cultures, and the intrinsic connection to the land and waters as the Traditional Owners to Country.

33

“I dream my painting, and then I paint my dream.”

- Vincent Van Gogh

2

CONTENTS Acknowledgement of Country.....................................................................................................2 Dear Reader..........................................................................................................................................5 The Introduction................................................................................................................................6 Dictum Membership Packages ...................................................................................................7 Dictum Committee............................................................................................................................8 Dive into Maritime Law...................................................................................................................9 Wall of Dictum...................................................................................................................................13 2022 Law Ball is Here!.....................................................................................................................14 Procrastination v Productivity...................................................................................................15 An Observation.................................................................................................................................19 Law Library Support.......................................................................................................................20 Getting LinkedIn to Your Dream Career................................................................................21 Recovering Innocence....................................................................................................................23 Wall of Dictum...................................................................................................................................27 What's the Verdict...........................................................................................................................28 Cross Laws...........................................................................................................................................29 And the Verdict Is.............................................................................................................................30 Cross Laws Solution.........................................................................................................................31 Do the Crime, Do the Maritime..................................................................................................33 Law School Gradman......................................................................................................................35 Word Wheel.........................................................................................................................................37 Under the Covers...............................................................................................................................39 Obiter Issue 22 Cover.......................................................................................................................40 Obiter Issue 21 Covers.....................................................................................................................41 Sponsors List........................................................................................................................................42

Dear Reader Dear Reader,

The Obiter is a magazine that serves you a buffet of quality content.

From 'Seasoned Artists' that know the legal world like the back of their hand to students like you sharing their perspective and experiences, our articles engage the audience in a conversation you would wish it never ceases.

'The Writer's Nook' is where you might find our writing competition of the issue with a topic almost as tantalising as the prize that is offered. Be sure to venture into it, if you thrive on competition!

For the many that are simply looking to kick back, relax, and tickle their brain with some legal brainteasers, keep an eye out for our 'Cross Laws Crossword', 'What's the Verdict, 'Word Wheel', and 'Legal Doodler' sections. They aim to entertain and challenge you.

I like to weave themes through the 2021 Obiter Issues and you will see this as you read through this magazine and more.

I hope you thoroughly enjoy the Obiter!

Sincerely, Malaika Nambiar Director of Publications

D I C T U M

S O C I E T Y

THE INTRODUCTION Dictum Society was established in 2012, and has successfully engaged and serviced a wide variety of external and internal stakeholders in this short time. We are a Society which aims to represent the diverse aspirations and attributes amongst our law students and improve their university experience.

We achieve this by hosting a combination of initiatives and events, ranging from careers, competitions, social events and education programs.

Dictum Society is affiliated as a College Society through Victoria University’s Student Union (VUSU). This means that Dictum Society is the peak student representative body for Victoria University’s College of Law and Justice.

THE

OB IT ER

The Obiter is Dictum Society's official magazine. The magazine provides its readers with content that is fresh, stimulating, and diverse.

In 2021, the magazine aims to keep its readers on their toes.

From students to professors to legal legends, each issue passes the baton to one renowned law veteran who will be sharing valuable advice and riveting anecdotes in our 'Seasoned Artist' Series.

Our seasonal writing competitions, 'The Writer's Nook' series, offers captivating topics and exclusive prizes for the winners who are also featured in our following Issue.

You don't want to miss our 'Dictum Editorials' where the Committee expresses their creativity through a plethora of topics all of which aim to spark new conversations.

Our content also caters for the lighthearted with our brainteaser puzzles and fun facts that are peppered throughout the magazine. Our newly introduced 'LOL: Laugh Out Law' column also aims to publish funny legal cases and narratives for the entertainment of our readers.

The Obiter Magazine is more than just a publication stuffed with articles. It is a reflection of the innovation and tenacity that the Society and its people embody.

DICTUM DICTUM

MEMBERSHIP MEMBERSHIP PACKAGES PACKAGES STANDARD MEMBERSHIP

$10

Includes: Access to our exam prep sessions Access to the Society’s exclusive social events Access to free food during social events Eligibility to participate in mooting competitions Access to exclusive careers events and programs Access to exclusive networking events Access to our 2021 Careers Law Guide Eligibility to be mentored in our Peer 2 Peer mentoring program Eligibility to become a Dictum Society volunteer Eligibility to partake in our Leadership training programs , such as Speech Master Eligibility to partake in our society’s competitions such as the Writing Competition Discounts tickets to our Law Ball, Trivia night, Halloween dress up party, movie night & many more!

Eligible to make submissions to the Society’s student publications The Obiter & the ENewsletter Receive a Membership pack full of goodies! (may be available when campus opens) Most importantly, to be a part of a student team dedicated to making your law school experience the best!

VIP MEMBERSHIP

$15

Includes: Access to our exam prep sessions Access to the Society’s exclusive social events Access to free food & tap during social events Eligibility to participate in mooting competitions Access to exclusive careers events and programs Access to exclusive networking events Access to our 2021 Careers Law Guide Eligibility to be mentored in our Peer 2 Peer mentoring program Eligibility to become a Dictum Society volunteer Eligibility to partake in our Leadership training programs , such as Speech Master Eligibility to partake in our society’s competitions such as the Writing Competition Bigger discounted tickets to our Law Ball, Trivia night, Halloween dress up party, movie night & many more!

Discounts on any merchandise Priority given to VIP members who are on the Peer Mentoring waitlist Eligible to make submissions to the Society’s student publications: The Obiter & the E-Newsletter Receive a Membership pack full of goodies! (may be available when campus opens) Most importantly, to be a part of a student team dedicated to making your law school experience the best!

D I C T U M

S O C I E T Y

Deep-Dive into Maritime Law Under international law, Australia has rights and responsibilities in relation to its adjacent waters, which are divided into maritime zones. The main international agreement outlining these rights and responsibilities is the United Nations Convention on the Law of the Sea, or UNCLOS. UNCLOS defines the following maritime zones: territorial sea contiguous zone exclusive economic zone continental shelf.

The Commonwealth, the states and the Northern Territory have also come to an arrangement, called the 'Offshore Constitutional Settlement', in respect of Commonwealth, State and Northern Territory jurisdiction in the waters to the edge of the territorial sea.

Copyrigh t can b e owned musicians by any , writers of the f v ideo and gives au ollowing: film mak tomatic p By ers, perfo rotection laws if y rm u e n rs d e and it ou have r Australi an and In ownership However, t e rn ri g a hts relatin tional Copyrigh t does no g over y styles as t offer pro our work the work . tection o must be digital fo ver ideas physical, rm. and material, or at lea st in

The above information has been sourced from https://www.ag.gov.au/international-relations/international-law/law-sea-andmaritime-law. It has been referenced here with credit issued to the respective publisher.

D I C T U M

S O C I E T Y

Dive into Maritime Law In Australia, there are a series of pieces of legislation which regulate shipping. The most basic is the Admiralty Act 1988 (Cth) which defines the jurisdiction of the commonwealth of Australia in relation to shipping in her ports and territorial waters as well as the boundaries with international waters. The courts have power to deal with occurrences within the bounds of the Australian Territorial Waters. The safety of Australian shipping is also of essential importances and the Australian Maritime Safety Authority Act 1990 (C’th) establishes the national authority which regulates the safety of shipping in Australian waters. Further legislation includes the Carriage of Goods by Sea Act 1991 (C’th) which regulates the way that ships are to load and unload at Australian ports and what cargo they can carry. There is also a piece of the criminal law in Australia which is called the Crimes (Ships and Fixed Platforms) Act 1992 which creates a criminal jurisdiction for certain acts at see and on fixed platforms, particularly when it relates to the safety of these vessels or platforms.

This piece of legislation is also similar to the Crimes at Sea Act 2000 (C’th). Another aspect of the legal regulation of shipping is the regulation of imports and exports. The Customs Act 1901 allows the customs authority to board and inspect shipping and remove any contraband substance arrest persons suspects of trafficking illegal weapons, drugs or other contraband.

The above information has been sourced from https://www.legallawyers.com.au/legal-topics/admiralty-and-shipping-law/maritimelaw-in-australia/. It has been referenced here with credit issued to the respective publisher.

D I C T U M

S O C I E T Y

Dive into Maritime Law Some of the other pieces of legislation which regulate the seas and shipping in Australia are the Historic Shipwrecks Act 1976 (C’th) which establishes a system of heritage preservation for shipwrecks which are perceived as having some historical significance. Some of the legislation which has developed in order to give effect to the international treaties to which Australia has become a signatory include the Limitation of Liability for Maritime Claims Act 1989. The legislation which allows for the building of light houses and other navigational aid and the system of navigational indicators which are used in Australia is the Navigation Act 1912 (Cth). One of the more recent pieces of legislation which was introduced because of the possibility of the use of the technology of carbon sequestration was the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Also, there is a system of compensation which was established under the Seafarers Rehabilitation and Compensation Act 1992 (C’th) for the compensation and rehabilitation of the people who had been injured at sea. Some of the examples of legislation which has been used at state level to regulate the operation of shipping is the New South Wales Shipping Registration Act 1981 (Cth) and the Commercial Vessels Act 1979 (NSW) which is another piece of state legislation regarding shipping in the Waters of New South Wales and the use of motors, load lines and the need for some vessels to carry safety equipment which can be used in the case of an emergency.

The above information are referenced from the following https://www.artslaw.com.au/legal/raw-law/what-is-copyright/

D I C T U M

S O C I E T Y

Wall of Dictum

3 2

D I C T U M

S O C I E T Y

Procrastination Procrastination vv Productivity Productivity popped up on YouTube that a new video

The Line of Distraction The attention span of a goldfish.' A phrase I never understood until I started tracking a consistent pattern of getting distracted by

the

littlest

of

things,

all

while

entertaining widely productive activities.

Let me give you an example. The other day, I sat down to figure out a research essay due in 43 hours, (because let's be real, the true genius only reveals itself when you are at the precipice of panic and

had been uploaded by 'How to Survive' titled as, 'How to survive a crocodile attack' (Spoiler alert: You cannot survive).

It seemed important at that point to watch this with my utmost attention so I moved to the bed and under the blanket. Seven hours later I had 36 hours remaining for my

essay

because

I

fell

asleep

mid-

listening to my beloved 'Crocodile attack survival' video.

hysterics, and is weighed down by a Pomodoro Technique

nearing deadline.

Ultimately,

when

your

actions

are

My first source of distraction was not the

controlled or affected by bad habits or a

TV, I sat before, the bed that was calling

reduced attention due to overstimulation

me few metres away, or my phone which

and

seemed to buzz so incessantly as though it

reasons to not be productive than to be

were calling out to me. No! My first source

productive, it is necessary to get down to

of distraction, was 'aesthetics'. For my

the brass tacks of what gets you to the

productivity

end goal i.e. your best productive self.

in

getting

down

a

stellar

the

sheer

privilege

of

too

many

essay hinged upon the aesthetics with which I wrote the title of my notes in my

It is not surprising that many of us out

diary,

here are going through a similar struggle,

'Research

Essay'.

After

writing, I

which was why it also did not take a lot of

decided pick up my phone to look into

googling to stumble across the 'Pomodoro

potential ideas for putting together notes

technique'.

rewriting,

scrapping,

and

restarting,

of the highest order.

For those of you who are not familiar with Of course, as I did this, a notification

this concept, the Pomodoro technique

D I C T U M

S O C I E T Y

Procrastination Procrastination vv Productivity Productivity works on a concept of rewarding small

However, the Pomodoro technique proved

increments of unadulterated concentration

itself to be a trusty manner of maximising

and productivity. Its recipe requires a

productivity after the fourth increment for

task, a timeline, broken down into 25

I began feeling less burnt out and more

minute

organised while working during those 25

chunks,

followed

by

5

minute

intervals or Pomodoros!

minute periods.

It is important to set a timer for the 25

What further helped was having fixed

minute periods as well as the pomodoro

sources

periods as this technique relies upon the

during the pomodoro periods. I mean how

urgency that'll drive a person when they

do I completely an entire episode of The

are being run down by a clock. This way,

Office in 5 minutes really? My first few

you are not under the impression that you

pomodoro periods were really spent in

have an entire week, or day, or in my case

overwhelming excitement of what I could

43 hours.

do during my duly earned pomodoro time.

of

entertainment

or

relaxation

I mean realistically you should not be doing anything too stimulating at this time

Personal Pomodoro Experience Now I was not too convinced by this strategy when I read about the theoretical idea because I am personally an 'all or nothing' student (Not that I recommend this to others) wherein, I have either not completed my task at all, or I am 4-8 hours deep into my assignment completing it all at once especially if I am neck deep in having writer's flow coursing through my system. So it was a bit hard for me to accept that I could exercise the level of patience

required

when

limited

to

25

minute increments of productivity once you begin said studies.

because its purpose is to give you a break to rewind before kickstarting again, but if you are anything like me your idea of such rewind may be watching a video for a quick laugh or catching up on messages with friends. The point is, know your idea of

rewinding

and

fix

them

prior

to

venturing into your pomodoro strategy for the day!

D I C T U M

S O C I E T Y

Distraction Distraction vv Productivity Productivity Besides this technique there are always

points also prove to be very helpful when

day to day strategies with less funky

trying to stay attentive and the osmosis of

names to go by. You could try any of the

learning

following

recommend the DUMMY POINTS tactic, for

to

help

yourself

be

less

distracted and more proactive:

it

continues

really

deters

overwhelmed Eating well before you begin working

by

the

you

same!

(I

from

heavy-hitting

highly

feeling law

concepts!!)

on your task (but not too well for that may lead to a ninja nap that lasts a

Hopefully in the case of Distractions v

lifetime!)

Productivity, the latter wins for you as

Putting my phone on 'Sleep' mode or

well. And if it doesn't give Pomodoro a try.

better yet, handing my phone over to

You might be pleasantly surprised!

someone who would never give that phone back to before the designated time (aka my mom).

You

can

substitute

'pomodoro'

with

incentives that do work for you. Some times when I do heavy readings in large

chunks

reaching chapters

I

allocate

certain in

my

candy

for

paragraphs

or

reading.

Be

wary

though, you might just end up eating all that candy as you get exponentially productive.

When trying to understand, absorb, or revise concepts reading and calling out questions and answers out loud always help

staying

focussed

and

prove

effective in wrap your head around your learning objectives.

Drawing out simplified maps or dummy

FUN FACT (Actually not so fun!): Procrastination is derived from the negative feelings you may associate to certain tasks. Such that a certain activity may make you feel stupid, insecure, or overwhelmed lets say by the idea of getting it right and perfect the very first time. This leads to a pattern of avoidance which develops into habitual procrastination!

Reducing your tasks to simple and understandable tasks may be exactly what you need to overcome procrastination and distraction in your studies.

D I C T U M

S O C I E T Y

An Observation I have been volunteering at a Community Legal Centre for two years as a family intervention order paralegal.

As is stepped into court for the first time, my naive self felt like I was ready to conquer the legal world. Or so I thought. I soon discovered that the minute I felt like "I've got this” a client would ask a question which would completely threw me off my mark. Luckily for me, I had the support and mentorship of the CLC’s duty lawyers at every turn. Ever encouraging and comforting, they soon became my role models.

Over the two years I have made a few observations, but one is worth mentioning.

Working in law is often thankless.

I was a year and a half into my role before a client actually thanked me for helping them. Up until that point, I did not notice that my clients never explicitly acknowledged my contribution. To be clear, I don't go to work thinking about how many people will thank me for telling them something they are not yet willing to accept. But it is always reassuring to know that you might have helped in someway.

The truth is, talking to people day after day, repeating myself diminished the "conqueror the world" attitude I originally felt. It can get really depressing having to tell someone that their marriage is over, or that they may not see their children unless agreed to by the other party. So when a client looks at you sincerely and says “Thank You,” I am reminded and filled with the passion I once had.

By Anonymous

The above sections are from the EPBC Act and can be accessed in full online. The above information are references to the original and give full credit to it's owner.

D I C T U M

S O C I E T Y

Law Law Library Library Support Support How to stay on top of your legal studies

APPOINTMENTS RESOUR CES Check Library Guide Bachelo r of Laws (https:/ /library guides.v u.edu.a u/la w) – an A-Z list of subject specific online resourc es from Adminis trative Law to Wills and Estates.

Use VU EasyRe f – an easy-to -use, interact ive, mobile-b ased referenc ing tool for AGLC4. Scan the QR code to have VU EasyRef on your mobile: QR code for VU Easy Ref.

CLAS

SES

Atte nd le gal r locat ese e cas e law arch clas sourc ses o , l es fo n how r law egislation refer to , and , sec ence o ndar u class sing y es ab AGLC out t resea he pr 4.There a rch ( oces re al Inqu Crim s of so iry L ino legal aw), block logy. Cla a n d s se – see Laws Libra s are off ered ry Gu ever (http ide B y ache s://l lor o ibrar f ygui des.v u.ed u.au /law ).

Talk with law librarians online via Zoom: get tips on how to search for resources more effectively and reference them correctly: case law, legislation, journals, books and more. Zoom meeting by appointment: Mon-Fri, 8am-4pm. Email librarian to book an appointment and please state your preferred time/day: murray.greenway@vu.edu.au or debra.hutchinson@vu.edu.aU

l2 ve , Le s n o PC ed s to t Y a R loc cces RA ary for a ve LIB r b ser more W Li eet e w R LA r , La Str Fo ng the ueen esk, anni ans. t i d c s o he /s Vi 95 Q ice el v t-t ary 2 ing rvic r u y f e r o s p o se ab co -lib Fi, lfry/ /law Wi ting/ , se e a r n n e s pri ectio on: s u/lib arie r i a ll Co rmat edu. s-lib . u o inf w.vu amp c ww ary/ r lib

D I C T U M

S O C I E T Y

Recovering Innocence Innocence Recovering Case of Adnan Syed

Confirmation Bias

17 year old Adnan Syed saw a whole new

Confirmation

life ahead of him when he was convicted

principle of building your understanding or

for the brutal murder of Hae Min Lee who

decision

was Mr Syed's former girlfriend and a

leading to the dismissal of information that

fellow senior at his high school.

is relevant to the issue and would not be

Adnan, faced 30 years of prison and had

on

bias set

revolves beliefs

around

and

the

opinions,

disregarded otherwise by an unbiased eye.

served 23 years of his punishment before

On many ocassions, confirmation bias has

the case against him was vacated by

been prevalent in case investigations,

prosecutors as of October 2022 on the grounds of new evidence being found and the introduction of new suspects.

Significant emphasis on the reason for Adnan's wrongful conviction befell upon the use of cell phone tower records in

Adnan Syed,

1999, which could not have been reliable

in high

enough

school;

considering

that

it

was

newly

Adnan on

emerging technology.

the day of

Additionally, inconsistent testimonies from eye witness Jay Wilds, who was a friend of Syed also indicated an irregular track.

Adnan's alibi was also corroborated by a witness that may have changed the course of the trial if she had been able to testify in

Court.

For

Asia

Mcclain

reinforced

Adnan's claim of being at the library at the time of the murder.

Mr. Syed is now described as a free man, but the loss of 23 years can only be felt by a man who was innocent and yet suffered the punishment for a crime he did not commit.

acquittal

D I C T U M

S O C I E T Y

Recovering Innocence Innocence Recovering which can be created by opinions on race,

religion,

gender,

predominantly

and

generalised

This

case

was

an

other

investigation

and

factions.

confirmation

bias

example the for

of

poor

existence vital

of

evidence

Media and public pressures of finding a

pertaining to dingo tracks, hair and blood

culprit in volatile cases involving the

sprays along with the nearby campers'

loss of life can also push investigators

observations

to work the case based on a particular

significant notice as the investigators had

suspect as opposed to working the case

already

based on the evidence and information

parents being the culprits. The purported

presented and provided.

signs of blood in the parent's car was

Adnan Syed was also a victim of such

actually sound-proofing compound applied

misrepresented

at the time of manufacture.

investigation

which

which

drawn

the

were

not

conclusion

given of

the

ultimately led to an entire case being built upon Adnan's image of a muslim

Lindy and Michael served 4 years in prison

man.

before new evidence was admitted to the trial indicating that in 1986 baby Azaria's

Confirmation prevented

bias

may

prosecutors

well

from

have

matinee jacket was found half buried near

viewing

a dingo den, alluding to the conclusion that

factors such as Ms. Mclean's statement

Azaria was in fact taken by a dingo.

as it obstructed the narrative found most

fitting

according

in to

those

circumstances

investigators.

A

discrepancy that could have saved 23 years of depriving Syed of his freedom.

Missing case of Azaria Chamberlain In Australian history, such biases have also trickled into the system. A prime example being the case of Lindy and Michael Chamberlain. The parents of little Azaria were convicted for murder and being an accessory to the murder respectively, when Azaria disappeared near

Ayers

Rock.

Mother,

Lindy

retained her innocence with her claim that a dingo had snatched her baby.

Lindy and Michael Chamberlain during trial for baby Azaria's missing/murder trial

D I C T U M

S O C I E T Y

Recovering Innocence Innocence Recovering Presumption of Innocence When we regard case history with wrongful

convictions

trajectory,

we

'presumption

look

of

The conclusion derived is not to point

dictating at

the

its term,

prosecutorial

discrepancies

created by tunnel vision, biases, and other such factors, especially since there

biases

are many other considerations that can

such as what we have established among

lead to a wrongful conviction or the

other

ultimately

jeopardisation of innocence, but the idea

compromise this fundamental human right

is to hold an equal standard among law

to be treated as an innocent party in the

makers

eyes of the law until proven otherwise.

requirement

The purpose of which is to ensure a fair

compromising the integrity of equitable

and equal trial is given to each and every

procedures.

manner.

biased

in

at

a

introspective

innocence'

fingers

Because

externalities

person.

In

the

pre-trial

stage

should

as

well,

maintain

this

standard of practice to ensure that value time, effort, and resources are not spent to deduce a pre-decided answer, but rather used to answer questions along the and

organically

conclude

the

investigation with a proposed culprit.

Importance of Protecting Innocence The

reason

why

the

protection

and

restoration of innocence is so vital to the fundamentals punishing

of an

society innocent

is

because

party

and

compromising their freedom and life may well be a crime committed against that person. If the priority shifts to punishing any culprit if suspected enough, then what the

law

enforcers of

to

justice

satiate

the

without

-Malaika Nambiar

investigators

way

and

would

serve

its

people

is

a

scapegoat rather than justice, and can only be a considered a crime against humanity.

D I C T U M

S O C I E T Y

Wall of Dictum

3 2

What's What's the the Verdict?

Verdict?

Read the facts for the case provided below and guess the verdict.

AREA OF LAW Tort Law -- Employment Law -Sexual Abuse

CASE Bazley v Curry [1999] 2 SCR 534

FACTS Curry was an employee at a residential children’s home.

He had a range of duties including bathing and putting the children to bed.

Curry sexually assaulted children who resided at that residence.

Curry died before proceedings could be commenced against him.

Bazley, a victim of Curry’s, attempted to recover from Curry’s employer vicariously.

ISSUE Could the workplace be held accountable for Curry’s criminal behavior?

https://lawcasesummaries.com/knowledge-base/bazley-v-curry-1999-2-scr-534/

D I C T U M

S O C I E T Y

Cross Laws

27

And And the the Verdict Verdict is... is...

HELD There should not be an exemption for non‑profit organizations. While non‑profit organizations perform needed services on behalf of the community as a whole, the Foundation’s institution, however meritorious, put the respondent in the intimate care of C and in a very real sense enhanced the risk of his being abused. From his perspective, it is fair that as between him and the institution that enhanced the risk, the institution should bear legal responsibility for his abuse and the harm that befell him. It may also deter other incidents of sexual abuse by motivating charitable organizations entrusted with the care of children to take not only such precautions as the law of negligence requires, but all possible precautions to ensure that their children are not sexually abused.

Yes, because the responsibilities given to Curry so greatly enhanced the risk Held the Salmond test applied, in relation to: “(1) acts authorized by the employer or (2) acts which are not authorized by the employer, but are so connected to authorized acts that they may be considered “modes” of acts authorized by the employer.” case summary derived from https://www.lawteacher.net/cases/malone-v-laskey.php

D I C T U M

S O C I E T Y

Cross Laws Solutions

27

D I C T U M

S O C I E T Y

Do the Crime, Do the Maritime I see the sea, for what she is.

A thunderous soul, a heart of gold.

With tales to tell and secrets to keep.

With life she brings and puts to sleep.

I see a Sailor sail with sails With charcoal holes and broken rails.

His crew distraught swayed in dismay The shipment boxes in disarray.

I see a Contract black and white.

With clauses telling wrong and right.

The Sailor said the ship collapsed.

With shipment boxes underwater and trapped.

I see a Ship that shipped, shipped boxes.

Or meant to right before chaos stopped it.

With no delivery and a run-down vessel The Sailor was all ready to tussle.

I see a Company that sought a Ship.

And sent the Sailor on a business trip.

With no shipping, no Ship, no Sailor, no trip, The company had a Contract to rip.

I see a man who prided his sailing For he sailed to ship boxes, never failing.

He saw a Company with liability of law.

So he served them with papers they couldn't ignore.

I see the Law that lays its life.

To slice in parts the wrong and right.

So we trust the laws of maritime, Shall claim its victim, criminal, and crime.

D I C T U M

S O C I E T Y

Do the Crime, Do the Maritime I see a Sailor with a broken ship.

A minor crack became a major blip.

The Company ship had wood so stale The Sailor said it was bound to fail.

The Sailor declared in Court that day How the Company dismissed his worries before he went away.

He said the Ship was theirs to fix.

Yet they had him set sail with their words and tricks.

I see a Contract bound by law.

Airtight by nature yet with a flaw.

For the Sailor said his crew was owed their money.

While the Company guffawed in Court, finding this funny.

The Court looked at the Contract paper To pass their judgement a little later.

For the Sailor was right to call the breach His claim for damages was not a reach.

I see the Court, that sees the truth, A vindicated Sailor and a Contract to uproot.

For the Company's breach the law did chime.

For if you do the crime, you do the maritime.

by Malaika Nambiar

Law School Gradman!

Help Gradman graduate with a law degree by guessing the latin legal phrases below. Every incorrect answer brings Gradman's grade below a HD, so beware the N grade scholar!

1. "From the beginning"

__ _______

2. person who assists in the commission of a crime, but who does not actually participate in the commission of the crime

_________

3. An item of personal property which is movable, as distinguished from real property

_______

4. Judicial doctrine that exists in various common law jurisdictions.

________

5. An order issued by a legal authority with administrative or juridicial powers, typically a court.

____

Gradman Grades

HD

D

C

P

N

Word Wheel Literacy and good vocabulary is a major plus in getting through law school and as you go through the legal industry. Practice your skills by using the word wheel to forms as many words as you can! Try and use all the letters to achieve a Word Wheel Win!

Tort Law: Session 1 Alright, repeat after me class!

'Sue first or be sued! '

R G

F

O S

T E

N

The Legal Doodler

We believe all law students have a little funny in them.

Our dark sense of humour is the reason why we choose law school in the first place right? (Some of us are still crying).

If you wish to put that funny bone to good use, send us over your funniest takes on law school, lawyers, legislation, basically anything law! Dictum will feature your iconic gags in 'The Legal Doodler' spread.

Get cracking readers!

Submit any written work for the Obiter to the following! following!: publications@dictumsocietyvu.com

Upcoming Event!

Under Under the the Covers Covers Obiter Issue 3 2022 and its respective cover have taken inspiration from Maritime or Admiralty law which dictates the laws over water bodies that cannot be fixed to a particular country. The legislation does more to establish jurisdiction than govern independent laws in an effort to diminish any loopholes or grey areas.

The cover seeks to capture the aquatic life in and about the ocean to signify its maritime influence. It alludes to the theatrical charm we associate sea life too. From pirate ships to treasure chest to mysterious fish, and finding nemo! This depiction while a bit on the nose when we consider the theme hopes to offer a wink of escape into the blue!+

ISSUES ISSUES 2022 2022

OBITER OBITER ISSUES ISSUES 2021 2021

Thank You Sponsors!

The magazine has been published by Dictum Society, sponsored by The College of Law and Leo Cussen.